Road Accident Fund claims, explained

The Road Accident Fund compensates people injured, and the families of people killed, in road accidents caused by someone else’s negligence. It is funded by the fuel levy, so you do not need insurance to claim.

Who can claim?

Passengers, pedestrians, cyclists and drivers who were not at fault can claim for their injuries. Dependants can claim for loss of support if a breadwinner was killed. If you were partly at fault, your claim may be reduced.

What can you claim?

• Past and future medical and hospital expenses.
• Past and future loss of income or earning capacity.
• Loss of support for dependants of someone who died.
• Funeral costs.
• General damages for pain and suffering, but only if your injury is assessed as serious.

The deadlines

You generally have three years from the date of the accident to lodge a claim if the driver who caused it is identified, and two years if it was a hit-and-run. Once lodged, the RAF has 120 days to respond before you may issue summons, and summons must be issued within five years of the accident.

How the process works

1. Report the accident to the police and keep the case number.
2. Get medical treatment and keep every record and invoice.
3. Complete the RAF claim form, including the medical report section completed by a doctor.
4. Lodge the claim with supporting documents at an RAF office.
5. The RAF investigates and either makes an offer or rejects the claim. If you cannot agree, the matter can go to court.

Beware of touts. Never sign over your claim, or pay upfront fees, to someone who approaches you at a hospital or accident scene. A legitimate attorney will explain their fees in writing before you sign anything.

General information about South African law, not legal advice. Read our disclaimer.